A.M. Khanwilkar, Indu Malhotra, Ajay Rastogi JJ.
The issue in the batch of writ petitions decided in the present case-
- Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 is ultra vires the provisions of Articles 243D and 243T including Articles 14 and 16 of the Constitution of India.
[Students should remember the Art. 243D, 243T of the constitution]
2. The State Election Commission order for reservation of 50% seats in Zilla Parishad and Panchayat Samitis in certain districts
- The law issue in the matter revolved around, a constitutional bench judgment in K. Krishna Murthy (Dr.) & Ors. v. Union of India & Anr (2010) which held that no more than 50% seats will be provided in any local body by providing reservation SC/ST/OBC. The State argued that, in exceptional circumstances, the reservation can be increased more than 50%.
- The provisions of the S. 12 of the Act say, the state can reserve 27% seats in the Zilla parishad and Panchayat Samitis. The following lines of the s. 12 of the Act is important:
“if in a Zilla Parishad comprising entirely the Scheduled Area, the seat to be reserved for the persons belonging to the backward class of citizens shall be 27 percent of the seats remaining (if any), after reservation of the seats for the scheduled tribes and scheduled castes and one half of the seats thus reserved will be reserved for woman. “The court then discussed the K. Krishna Murthy decision. Continue reading